Legislation

Question 1

S 77 Administration Act 1969

Answer 1

Intestacy devision:
Partner = $155,000 + personal chttels
Residue =
- Spouse = 100%
- Spouse + issue = 1/3 spouse, 2/3 issues
- Spouse + parents = 2/3 spouse, 1/3 parents
- Issue = all residue

Question 2

S 109 TTWMA

Answer 2

MFL must stay within PCA.
But spouse can occupy and benefit it for their lifetime.

Question 3

S 11 Wills Act

Answer 3

Will requirements:
- In writing
- Signed by will-maker
- In presence of two or more witnesses
- Witnesses sign

Question 4

S 14 Wills Act

Answer 4

Invalid will can be declared valid
- Writing
- Appears to be a will
- Made by the deceased

Question 5

S 108 TTWMA

Answer 5

MFL must stay within PCAs

Question 6

Property Relationships Act

Answer 6

S 8: Relationship property = family home, family chattels, assets aquired during relationship

S 9: Seperate property + MFL not subject

S 61: Two options for partners of deceased:
- Follow will
- Get half of relationship property + money

Question 7

Family Protection Act

Answer 7

S 3 - available to children, spouces, defacto partners, grandchildren, parents (if being maintained)
S 4 - If deceased does not make adequate provisions, the court has discretion to order some

Question 8

Testimentary Promises Act

Answer 8

S 3:
- Work and services
- Promise to make provisions
- Causal nexus
- Promise not fulfilled

Question 9

S 51 + 24 LTA

Answer 9

51 - legal interest when registered
24 - equitable interests exist but inferrior

Question 10

S 138 LTA

Answer 10

Caveat

Question 11

S 13 Insurance Law reform Act

Answer 11

P can claim V’s insurance

Question 12

Alienation of maori freehold land

Answer 12

S 4: alienation
S 156:Only effective once Maori Land Court has granted confirmation

Question 13

S 4 PCA TTWMA

Answer 13

• Children
• Whanaunga
• Beneficial owners also part of PCA
• Trustees within PCA
• Descendants